Peter Fitzpatrick (Louth, Fine Gael) | Oireachtas source

I welcome the opportunity to discuss the Animal Health and Welfare Bill 2012. The Bill will amend and consolidate previous legislation on animal health. It also aims to ensure the welfare of all animals, including non-farm animals, is properly protected. Penalties for offences will be increased significantly. The primary aim of the Bill is bring all animal health and welfare legislation under one roof. The main Acts are the Protection of Animals Act 1911 and the Diseases of Animals Act 1966 and these have been amended extensively.

Many of the areas and issues in the Bill are not new but they will be dealt with in a more efficient and clear manner. The Bill will place a positive obligation on owners of animals to take care of the welfare of animals, such as by feeding and providing shelter and veterinary care.

In the past the State could only intervene in the case of someone who failed to feed his or her animals once the animals were malnourished to a level which clearly constituted cruelty and caused suffering. Under these new provisions, the appropriate authorities will be able to issue animal health and welfare notices requiring animal keepers to feed animals, improve shelter, provide medicine, etc.

The current statutory framework dealing with animal health and welfare is contained in an Act which has been in force for many decades. The Protection of Animals Act 1911 has been the primary statute dealing with issues of animal safety for more than 100 years. The main feature of the Act was the prohibition on the mistreatment of animals by setting out different offences of cruelty which could be committed against animals. Under the Act, a court could order the destruction of an animal whose owner was convicted of an offence of cruelty in circumstances where the court was satisfied that it would be cruel to keep the animal alive. A duty of care was imposed on any person who impounded any animal. There was a prohibition on using dogs for the purposes of drawing any cart, carriage or other vehicles on public highways and any person who set a trap for the purpose of catching hares or rabbits was under the obligation to an inspection at least once daily. This Act also contained a prohibition on animal fighting. However, it was often difficult to secure convictions for this offence. Some examples were wrestling with an animal or otherwise struggling with an animal, dog fighting, cock fighting, animal baiting and throwing or casting with ropes or other appliances any unbroken horse or untrained bull.

Welfare requirements in the Bill are informed by the concept of the five freedoms which have been set out by the Farm Animal Welfare Council. The future thinking on animal welfare is expected to further develop. These are not set in stone in the legislation but are used to inform the requirements set out. Further requirements can be set out by codes of practice or statutory instruments. The five freedoms are freedom from hunger and thrust by ready access to fresh water and diet to maintain full health, freedom from discomfort by providing an appropriate environment, including shelter and a comfortable resting area, freedom from pain and injury or disease by prevention or rapid diagnosis and treatment, freedom to express normal behaviour by providing sufficient space, proper facilities and the company of the animal's own kind and freedom from fear and distress by ensuring conditions and treatment which avoid mental suffering.

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